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**Snoopyseed** · 15 August 2004, 12:05 AM

Hello there, I?m sorry to hear about what has been happening to you, and the first thing you need to do is if you are innocent stand up and fight! Go and get yourself a good solicitor the local yellow pages will have many listed, if you are on benefit you should be entitled to legal aid, you need to tell your solicitor exactly what you have told me, you also need to not contact either of the two sisters, also what about your parents surly they will give you a character reference? They know what happened when you were all little, you need to go back to that time and see what was happening, during the time the allegations took place were you elsewhere, were you at school or was it the summer holidays, could it be that you were visiting relatives at the time the allegations took place, one question that will be asked to you is, why are your two sisters making these allegations? Have you done anything to upset them? Are they mentally troubled? These are all questions that you should discuss with your solicitor mind, not your sisters, also don?t ask your family to pass messages on to them either as tempting as this may be you need to make sure that this wouldn?t be seen as you trying to stop them either directly or indirectly, if the worse case scenario did happen and you did go to prison then people will question whether it would be wise for you to have children in your company yes, but if you are innocent then you should defend everything that you hold dear to the grave, why are you giving up so easily? And why are you planning for the worst if you are innocent? You see the actions that you are doing now do look suspicious, an innocent man would be straight down to their solicitors office, I?m not saying you are guilty or innocent either as I don?t know the facts but I?m juts saying how your actions or lack of actions may be viewed later, gather all your courage and go and tell your solicitor what you have explained to me, and don?t worry what anyone else will think of you on your estate if you are being harassed the council can move you, but it hasn?t even come to that yet, you need to take each day as it comes, you are not powerless, go and fight for your life, but do it properly and through the correct channels, also make sure that you are in good health, as you need to be strong and fit for the legal battle if there is one, ahead of you. Stop panicking and start acting like a person determined to prove their innocence, that way it may not even go to court, you have to consider evidence and you have to look around you at the people who are supporting you, if you are innocent people will back you up and will take the stand and confirm this in court, gather your friends and whoever else there is to support you, and another thing, be honest with everyone, as they say the truth shall set you free, good luck
Snoopy

**Ashley** · 15 August 2004, 12:06 AM

This is a commonly disturbing story. I don't profess to have the knowledge of a good solicitor but I do have more than a bad one.

First, in relation to the first sister's allegations, said to have occurred when she was 3 and you 8 years. Simply put, you cannot be prosecuted as you were below the age of criminal responsibility. I know this sounds like a legal loophole, maybe cold comfort if you are not responsible but a good solicitor will be thinking law, not tea, cakes, and sympathy.

The first sister's evidence however can be used as similar fact evidence if there is similarity between the evidence of sister 1 and sister 2.

I appreciate that emotions run high and you will look at a solicitor as an emotional crutch if he/she appears sympathetic. Make sure you get a good solicitor, experienced in such matters. This is your life on the line so shop around and ask the right questions before engaging anyone.

In relation to the second sisters allegation, a good solicitor will be thinking of a doctrine known as Abuse of Process. The proceedings can be stayed if you are able to show, on the balance of probabilities, that because of the delay you are prejudiced in preparing your defence. This will be more difficult if you and she resided under the same roof, but if you resided elsewhere there are possibilities.

Commonly, false allegations can be a result of falsely recovered memories, additionally there can be an underlying psychiatric problem. Medical records will not be disclosed as a matter of course, but they can be very revealing to a psychiatrist who is experienced in such matters.
If you are charged, and I hope not, you have to get hold of everything possible.

**Snoopyseed** · 4 October 2004, 04:08 AM

Originally posted by Stephen Cooper@15th August 2004 - 12:07 AM
Never look in the yellow pages for a solicitor as this is a serious arrestable offence (SAO), go to our website and look at "However to find the right solicitor", believe me bad advice is the last thing you want? Either a London or Manchester firm!!!

Quoted post

there are lots of solicitors listed in my yellow pages here in London, so i dont know where you are that it is a serious arrestable offence to look fo one in the yellow pages, i would move area if i were you!Also any solicitor that is approved and regulated by the correct bodies is fine, as thats what the bodies are set up to do, ...regulate solictors and make sure they are operating correctly.

**Saffron** · 5 October 2004, 09:12 AM

Originally posted by Snoopyseed@4th October 2004 - 04:08 AM
there are lots of solicitors listed in my yellow pages here in London, so i dont know where you are that it is a serious arrestable offence to look fo one in the yellow pages, i would move area if i were you!Also any solicitor that is approved and regulated by the correct bodies is fine, as thats what the bodies are set up to do, ...regulate solictors and make sure they are operating correctly.

Quoted post

I think what Stephen Cooper means is that the accusation being levelled at this man is a serious arrestable offence. I don't think he means that looking in the yellow pages for a solicitor is a SAO!
Incidentally, I would definitely recommend using a solicitor who speciallises in sexual offences is the best option - the solicitor we used was a jack-of-all trades, and we were seriously poorly represented!

**Hoobaloo** · 28 June 2005, 08:18 PM

PT?s story just takes my breath away! I am in a similar position.

I live(d) in a small rural village where I was fairly active and well-liked. For several years after I moved in (I am a bachelor), I allowed my home to be used as a sort of play area by some of the local children. I have a certain degree of innate empathy with children and they tend to gravitate to me.

This was a sizeable group ? maybe seven or eight children of ages ranging from 3-1/3 to 11 or 12 when I moved in. Mainly boys although there were three girls, two younger ones (3-1/2 and 4) and an older one (7). Call them S, K and L for reference.

S bonded to me closely. She would either be waiting for me to come home from work or, if the evenings were dark, would phone me up to ask me to collect her. Generally, her mother, who worked late, would telephone to ask me to bring her home around 9.30pm. Sometimes, S would knock on my door on a Saturday morning and stay until night, and I would treat her as I would my own child. I repaired countless punctures, went for countless walks, took her into work with me and let her drive round the car parks on my lap. I?d read to her, take her to the library for books to read to her, think up interesting activities (we tried a mind-reading experiment once&#33

and just generally treat her as my best friend. And feed her, of course.

These were not little angels ? they were little minxes, really. They would ask questions about sex ? not ?Where do babies come from?? but vulgar ones about dirty words they?d learnt and things like that. They could swear and knew what the words meant.

I didn?t try to impose any controlling morality on them, but would just suggest that they should be careful not to use that language in front of their granny. I didn?t want to be authoritarian, but just let them set their own agenda.

When I had them as a group, I would often make up games, such as ?Treasure Hunts?. Clues were dropped around the house leading to the next clue and they would chase these until they found the treasure, usually some biscuits.

They liked to be chased and I would hurtle round the house after them, tickling them when I caught them. I?d blow raspberries on the soles of their feet or on their tummies, which made them scream with laughter. They fought back and tried to drag me off and the whole thing was just riotous malarky.

They visited me under their own initiative until they were about 11/12. After that, I saw little of them, but they always seemed friendly enough by teenager standards. I truth, I found conversation difficult as they got older. I?m OK with children, but teenagers always seem so bored by anything I say, that I tend to dry up.

Anyway, on March 17th 2005, I was confronted by a DS and a DI at the front door supported by a search team. I was given a three-hour interview at the police station in the local county town and released on a Part 4 police bail.

I have just been told by my solicitor that I am to be charged with sexually assaulting the two younger girls. Some of the allegations are real events with added embroidery, some are written to be misleading and others are beyond anything of my recollection. None, however, involve sex or even direct genital contact but are serious enough as they stand.

Since my arrest, I have been at my parents? house, commuting to work (130m) twice a week and staying at a friend?s house on Monday and sometimes kipping on the factory floor. I was advised by my solicitor and the police not to return home, so I didn?t. This, I hear, was taken as ?evidence? of my guilt. My house is empty and on the market.

Many friends have stood by me. However, I guess some will fall away once I am charged. I am terrified of finding myself reported in the paper, as it will make life even more unnerving and difficult.

A bachelor is just such an easy target and several people warned me at the time that I was making myself vulnerable just by allowing the girls into the house. But I couldn?t turn S away and she was such a bright companion.

Now I read that juries will convict on the flimsiest of ?evidence? and that 90% of these types of trial result in a conviction. Also, that no corroborating evidence is required. So, two girls that are intimate friends can collaborate to create a case against me and there?s little I can do in response. There are plenty of witnesses who visited the house ? even a lodger ? but it seems that this is pretty much useless. K?s younger sister (nearly nine) is my goddaughter. She lives (lived) next door and would visit me maybe once or twice a fortnight. I?d even rigged up a swing for her in my living room! In the five years she?s been visiting me, I have never tickled her or hugged her; she would sit next to me when I read to her and I cannot remember ever having picked her up. I miss her terribly.

My solicitor is just the rookie solicitor at the practise that they sent along when I was arrested. I wouldn?t know where to start to look for a better one.

Am I done up like a kipper? Will a jury stand as a man and declare me guilty just on the strength of an accusation? How can I fight? I feel that I?m in the path of a steamroller intent on crushing me.

It seems that for every other offence, the prosecution needs to make a convincing case but for this crime, all that is required is an allegation.

Can anyone give me some good advice? Is a fistful of aspirins better than Paracetemol? Is there hope and if so, from where? Would the case collapse if one of the girls declines to give evidence (maybe S will remember the thousands of happy hours we spent together)?

**Saffron** · 29 June 2005, 09:03 AM

Originally posted by Hoobaloo@28th June 2005 - 08:18 PM
Can anyone give me some good advice? Is a fistful of aspirins better than Paracetemol? Is there hope and if so, from where? Would the case collapse if one of the girls declines to give evidence (maybe S will remember the thousands of happy hours we spent together)?

Quoted post

This is a shocking story, but not an uncommon one.

Have you contacted FASO? (false allegations support organisation) They will be able to point you in the direction of a specialist solicitor and offer you support and advice. You can also get great advice from Val Lavender and Rights Fighter, both of whom have first hand experience of these kind of allegations.

There is an entire community of people who have suffered the misery and despair caused by such false allegations, and you will find a lot of support on this site. Whatever you do, don't just trust that the truth will prevail, it didn't for my husband and I, and he ended up serving a prison sentence for an indecent assault he didn't commit. Make sure you question your solicitor on everything, don't simply trust that s/he knows best. Poor legal representation has a lot to answer for. Garner as much support as you can from friends and family, and please go and see your GP. Tell him/her what is going on, s/he will be able to refer you for counselling. Some people find it useful, some don't, but you wont know unless you try it.

You are right in your assumption that no formal "proof" is required before the police can press charges: the word of your accusers is sufficient. Sexual/indecent assault and rape are the only crimes that do not require any sort of corroboration.

The only other piece of advice I can offer you is to do everything in your power to look after yourself and fight this. Don't just trust to the case falling through, or that the jury will see your innocence. when my husband was accused, we thought it was so preposterous that we just kept trusting that the CPS and the judge would see sense and chuck the case out. but it didn't happen. her word against his was all that was required, and the jury, in their infinite wisdom made the assumption that no-one would make up an allegation of sexual assault.

Your life will never be the same again, but you will be a stronger person because of this. what doesn't kill you makes you stronger, after all.

Please keep us informed, you will find a lot of support here.

Good luck,

Saffron

**Hoobaloo** · 29 June 2005, 04:54 PM

Thank you, Saffron, for your kind and helpful words. I have had four months of hoping it would go away and knowing it wouldn't. People say, "they haven't got anything to go on", "there's no proof", "that's patently ridiculous" but the fact is that they don't need any of that.

I have to say that my friends have been fantastic. In the village where I live, my accuser's family have been more or less ostracised, which is a strange turnabout. I suspect that me actually being charged will change that as people seem to think that the CPS only press charges if they have evidence. It's clear that this is not so and that all they need are the allegations and that's ample.

I have read several accounts on these pages and the stories are always harrowing. Many are worse than mine - at least I'm not accused of rape - and make me think that injustice is the norm.

I think that the two requirements of protecting the innocent and bringing the guilty to book are incompatible. Sexual assault is all but impossible to prove or disprove and why should a guilty person go free? If evidence were required to secure a conviction in cases where evidence is a rare commodity, it would be an invitation to every sex offender to have a field day.

So, the legal system HAS to accomodate cases of her-word-against-mine. The problem is with the prejudice in juries due to the current epidemic of paedo-paranoia, fueled enthusiastically by our odious tabloid press.

It's hard to find a flawless system. Maybe the following would help:

1. Non-financial compensation in all cases.
2. Juries should meet criteria of objectivity. Maybe a one-day training course and a psychometric test to uncover personal prejudices.
3. Apply the same limits of cross-examination to both parties.
4. Not allow names/addresses to be reported until after the trial.

As the door to one injustice is closed, another one opens - as if they're connected by a string!

Hoobaloo.

**maria** · 30 June 2005, 05:19 PM

hi hoobaloo what you have to go through is going to be harrowing i really feel for you the only advice i can give you is get the best barristor money can buy and start praying because they will try and pin anything and everything they can on you, by what you are saying you are going to get done no matter what i wish you luck x

ashley i need to no where this has come from my son was only 12/13 at the time that he was SUPPOSED to have commited his offence of which i must add was a money making plan for the little B.....

[SIZE=7]( First, in relation to the first sister's allegations, said to have occurred when she was 3 and you 8 years. Simply put, you cannot be prosecuted as you were below the age of criminal responsibility. I know this sounds like a legal loophole, maybe cold comfort if you are not responsible but a good solicitor will be thinking law, not tea, cakes, and sympathy.

if this so that he was under the age of criminal responsibility then what age can you be proscuted from ? thanks maria x

**diana_holbourn** · 1 July 2005, 09:44 AM

The age of criminal responsibility is 10. There's more information about it here:
http://www.youthinformation.com/infopage.asp?snID=18

Have you come up with any more ideas about how Shane could clear his name altogether?

I was wondering how you are, since you haven't posted for a while. I was thinking of posting saying I hoped you were allright. How are you nowadays? And how's Shane?

**maria** · 4 July 2005, 09:51 AM

hi all sorry i haven't posted for a while i haven't been to well and shane has just gone down hill.......... his relatsionship with is g/friend of 6 yrs has been broken down they haven't been together for nearly 4 months now shane is left with the debt and morgage etc while his ex g/friend gets on with her life holidays night clubs tec while shane is at his lowest and has had trouble holding or even getting a job hence the stigma attached to what he has been accused of he still hasn't heard anything about clearing his name there quick enough on pinning things on people but not very quick on helping to clear thats a thought for today helga its nice to hear from you how are you? just to let people know this is what making false allegations does to people hope everyone is ok on here take care luv maria x

**Hoobaloo** · 6 July 2005, 10:45 AM

As expected, I have been charged on six counts. I was arrested for sexual assault, but this has been downgraded to indecent assault. I guess this is in order to make it unnecessary to demonstrate a sexual motive.

The big question a jury will ask is ?Why?? I can?t answer it myself. Can anyone help? What are the main motivations for making allegations? What can they stand to gain? Money in compensation? If so, how much?

What about other rewards? Sympathy, attention, an excuse for a mis-spent youth?

Can anyone point me in the direction of web sites that analyse the psychology of false allegations? I feel that to defend myself, I need to know more about why people do these things and how successful defences have been gained in other cases.

If it could be shown that the girls spent a long time together on the phone, could that be used to undermine the corroborative nature of the statements?

ANY assistance is valued.

Hoobaloo.

**diana_holbourn** · 8 July 2005, 01:05 PM

This will hopefully help: False Allegations of Child Molestation and Abuse.

**diana_holbourn** · 8 July 2005, 06:28 PM

2. Juries should meet criteria of objectivity. Maybe a one-day training course and a psychometric test to uncover personal prejudices.

Would you be interested in expressing your views in Val Lavender's thread in which he's hoping to get a letter together about improving the jury service system to try to ensure less likelihood of unreliable verdicts? It's a long thread, but the basic point under consideration is that jurors should write down their reasoning behind the decision they came to, so they're accountable for it, and have to think it through properly. I'll give you the link to one of the last posts, which discusses the main points of the proposed letter, so you can consider whether to join in: http://www.broadcaster.org.uk/invision_for...findpost&p=1355

**Hoobaloo** · 9 July 2005, 09:54 AM

I have a close friend who has been on jury service recently. He told me that he has seen jurors simply dig their heels in and say, "He's guilty" and be absolutely unshakeable, no matter how unreasonable the assertion and no matter how other jurors try to bring them round.

It is simply because some people are incapable of reasoned thinking. Faced with the daunting task of remembering, sorting and grading the evidence presented to them, they simply freeze and ignore arguments they cannot counter.

I'm a bit nervous of posting on more than one thread. Being new, I don't really want to start bending the rules. I'll follow your link and read the posts there.

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